Bradley v. Andress
Supreme Court of Alabama
Appeal from the Court of Probate of Monroe. IN the matter of the estate of Martha Andress, deceased. Stephen D. Andress, the appellee, filed his petition in the Probate Court, in May, 1854, alleging that, in March, 1852, said Martha Andress, then the wife of the petitioner, departed this life, being possessed in her own right of property to the amount of several hundred dollars in value; that she made a nuncupative will, bequeathing all her property to the petitioner ; that…
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Appeal from the Court of Probate of Monroe. IN the matter of the estate of Martha Andress, deceased. Stephen D. Andress, the appellee, filed his petition in the Probate Court, in May, 1854, alleging that, in March, 1852, said Martha Andress, then the wife of the petitioner, departed this life, being possessed in her own right of property to the amount of several hundred dollars in value; that she made a nuncupative will, bequeathing all her property to the petitioner ; that said will was admitted to probate by said court, on the 9th August, 1852 ; that at the November term of said court,…
1Opinion of the CourtRice, J.
It is settled in this State, that when a will has been admitted to probate, without notice to those who are entitled to it, the Probate Court is authorized to set aside the probate, on their petition. — Roy v. Segrist, 19 Ala. 810, and cases therein cited.
If, on such petition, the Probate Court not only sets aside the probate, which had been allowed without notice to those entitled to it, but holds “ the pretended will to be null and void”, and grants letters of administration on the estate of the decedent; and an appeal is taken from this decree to the Supreme Court, by the man to whom ail…
2Cases cited1 opinion
- Roy v. SegristSupreme Court of Alabama · 1851
3Cited by4 opinions
- Herring v. RickettsSupreme Court of Alabama · 1893
- Lovett v. ChisolmSupreme Court of Alabama · 1857
- Sowell v. Sowell's Adm'rSupreme Court of Alabama · 1866
- Kirby v. Kirby's Adm'rSupreme Court of Alabama · 1867